Organization : National Office of Intellectual Property of Vietnam
Type of Facility : Industrial Designs Application
Country: Vietnam
Website : http://noip.gov.vn/
Home Page : http://noip.gov.vn/
Industrial Designs Application
An industrial design means a specific appearance of a product embodied by three-dimensional configurations,lines,colors,or a combination of these elements.
Related : NOIP Patent Application Vietnam : www.statusin.org/9363.html
Eligible for Protection
General conditions for industrial designs eligible for protection
An industrial design shall be protected when it satisfies the following conditions:
Being new: An industrial design shall be considered new if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form,inside or outside the country,prior to the filing date or the priority date,as applicable,of the industrial design registration application.
Being creative: An industrial design shall be considered creative if,based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form,inside or outside the country,before the filing date or the priority date,as applicable,of the industrial design registration application,it cannot be easily created by a person with average knowledge in the art.
Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
Required Documents
The design application shall consist of the following documents
** A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);
** Documents, samples, information identifying the design as provided for in Articles 103 of the IP Law 2005 of Viet Nam (e.g. a set of photos, a set of drawings and a description of the industrial design);
** Power of attorneys, if the application is filed through a representative;
** Documents evidencing the right to registration, if acquired by the applicant from another person;
** Documents evidencing the priority right, if claimed;
** Receipt of fees and charges.
All documents of the application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.
Fees And Charges
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No.
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Fees and Charges
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Rate (thousand VND)
|
|
Filing fee
|
||
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– fee for application filed in paper form without digital database of the whole content of the application
|
180
|
|
|
– fee for application filed in paper form with digital database of the whole content of the application
|
150
|
|
|
– fee for application filed online
|
100
|
|
|
Fee for priority right (per each application/ request)
|
600
|
|
|
Fee for amending applications, including for request of supplement, separation, assignment, change (per each amendment/ application)
|
120
|
|
|
Fee for renewal of amending and supplementing documents (each time)
|
120
|
|
|
Fee for granting a Patent for Industrial Design
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120
|
|
|
– additional fee (for each alternative in excess of one)
|
100
|
|
|
Fee for amending a Patent for Industrial Design
|
120
|
|
|
Fee for renewal of a Patent for Industrial Design (each alternative)
|
540
|
|
|
Fee for maintenance/ renewal of validity after described time limit (for each belated month)
|
10% fee for maintenance/ renewal
|
|
|
Fee for invalidation of a granted Patent for Industrial Design
|
180
|
|
|
Fee for cancellation of a granted Patent for Industrial Design
|
300
|
|
|
Fee for publication of application, including application for amendment, supplement, separation, assignment, conversion (each application)
|
120
|
|
|
– additional fee for publication of each drawing/image in excess of one
|
60
|
|
|
Fee for Register of a Patent for Industrial Design (including one for amendment, renewal, invalidation, cancellation, reissuance)
|
120
|
|
|
– additional fee for each drawing/image in excess of one
|
60
|
|
|
Fee for publication of Decision on granting, amending, renewing, invalidating a Patent for Industrial Design
|
120
|
|
|
– additional fee for publication of each drawing/image in excess of one
|
60
|
|
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Charge for substantive examination of application (for each alternative) – without information searching charge
|
300
|
|
|
– additional charge for internationally classifying of industrial design (each class)
|
100
|
|
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Charge for rapid examination of industrial design application
|
300
|
|
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Charge for searching information for examining, evaluating, assessing and other works of responsibilities (for industrial design for each alternative)
|
120
|
|
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Charge for providing information relating to industrial design (each request)
|
200
|
|
|
Charge for issuance of duplicates, copies of a Patent for Industrial Design
|
120
|
|
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– additional charge for each page in excess of four
|
5
|
|
|
Charge for issuance of copies issued and achieved by the National Office of Intellectual Property of Vietnam (first page)
|
12
|
|
|
– additional fee for each page in excess of one
|
5
|
|
|
Charge of providing information for priority rights
|
60
|
|
|
– additional fee for each page in excess of one
|
6
|